Constangy partner Bob Ortbals spoke with HR Dive for a Nov. 21, 2022 article highlighting potential consequences of the “extremely hardcore” ultimatum Elon Musk sent to Twitter employees on Nov. 16.
Among the issues Musk has expressed interest in addressing as part of his vision for Twitter’s work environment is employees’ ability to work remotely, which could carry its own legal implications. His suggestion that remote work would be reserved only for exceptional employees on a case-by-case basis, specifically, may make it more difficult for Twitter to maintain that in-person work is an essential function of a given job, Ortbals said. “That would be potentially concerning to me in the sense that, if you’re going to allow some employees to work remotely based on their job performance, then it’s harder for me to claim that being there in-person is an essential function of a typical employee’s job,” he explained.
As a practical matter, Ortbals said that Musk’s internal communication with workers “doesn’t seem to be designed to create a collaborative work environment or even an environment necessarily where the employees at Twitter feel valued. But frankly, that might have been the intent.”
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